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Ancilliary Releif

  • Tel
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07 Mar 08 #16089 by Tel
Topic started by Tel
;)I am on this site on behalf of my daughter, her husband desserted her and her 2 year old baby on December 25th 2005 yes thats right Christmas day.

We pieced my daughters life back together and then accompanied her through the soilicitors route, we re-housed her from the matrimonial home which held to many bad memories and obtained or rather ported the mortgage in my daughters name and insisted on and received a fax from the es so called husband that my daughter can retain the equity from the property (which was about £20,000). Now he has met someone else he is pushing for a divorce, within the divirce papers is the section for Ancilliary Releif, Does anyone know if he is entitled to any charge on the house if he has already signed it over with the fax he sent. Or can my daughter just strike out the section in the papers. We have made an appointment to see a solicitor of course but thought i would get some advice off of the members.


  • Fiona
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07 Mar 08 #16112 by Fiona
Reply from Fiona
She needs to tick all the boxes to keep the matters open. Financial claims can be made against each other until there is a legally binding agreement relinquishing all future claims.

  • Elizabeth
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08 Mar 08 #16127 by Elizabeth
Reply from Elizabeth
Hello Tel,

It seems odd to me but the divorce and the ancillary relief can be dealt with as almost separate entities. I know this as my divorce was granted first and then the ancillary relief came a year later as we couldn't agree. Although it is wise to keep the ancillary relief route open - however in your daughter's case it would seem that the finances are almost settled unless the ex decides to make an application - if the house is in your daughter's name as he signed it over - it may be wise to get him to agree a Consent Order (a lot cheaper)which can be legally signed and agreed (via a solicitor) without the need to go to court.

I would let him get on with the divorce - it doesn't matter who divorces who at the end of the day it just gets filed away in the archives and it will cost the applicant not your daughter - as long as she doesn't contest it - quite what he is going to put on the application though I don't know! She has the grounds not him! (desertion).

Thank heavens for parents like you - you sound like you have been an absolute stalwart to your daughter - I am sure she will be much better off without this man - a coward by the sounds of it - I wish you as a family all the best and your daughter a happy life.

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